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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 12, 2013, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act in the Daejeon District Court's astronomical Branch of the Daejeon District Court.
【Criminal Facts】
At around 20:30 on May 8, 2020, the Defendant driven an E Car under the influence of alcohol level of about 0.115% in a section of about 300 meters from May 8, 202 to D located in C.
Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.
around 09:50 on June 30, 2020, the Defendant driven a Hayang-do motor vehicle without obtaining a driver's license from around 48 km-gun G road (No. 29 national highways) around 48 km-gun from the front of the dwelling of the Defendant in Cheongyang-gun F, Chungcheongnam-gun to the red-gun roads (No. 29 national highways).
around 10:00 on July 8, 2020, the Defendant driven a H-low car without obtaining a driver’s license from around 30 km section from the front of the Cheongyang-gun B to the front of the J in Boyang-si I.
Summary of Evidence
"200 Highest 198"
1. Defendant's legal statement;
1. Traffic accident (survey report on actual condition), detail report on crackdown, circumstantial statement of the driver concerned, and investigation report on the driver concerned;
1. On-site photographs;
1. Previous records of judgment: Criminal history records, inquiry reports and investigation reports (verification of the same kind of power);
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to the ledger of driver's license of the police interrogation protocol of the accused on the legal statement of 2020 Highest 383, written statement of driver's license report on the situation of
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license) and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation Criminal Act;